Harris v. United States

ON REHEARING EN BANC

BELSON, Senior Judge:

A jury convicted appellant Thomas E. Harris of distribution of phencyclidine (PCP) and marijuana and of possession with intent to distribute PCP and marijuana in violation of D.C.Code § 38-541(a)(l) (1988). On appeal Harris contends that prosecutorial “misconduct,” primarily in questioning Harris and arguing to the jury regarding “missing witnesses” without first seeking the permission of the trial court, denied Harris a fair trial and substantially prejudiced the jury. At trial Harris did not object to the prosecutor’s conduct. We hold that Harris has…